Terms of Service

Understanding the Use of Enjoy

When we refer to 'Enjoy' in this document, it means the 'Enjoy: AI Town' and 'CapChat' mobile applications (on iOS, application identifiers ai.enjoy.world and ai.CAPChat; on Android, package name ai.enjoy.world), together with our website at https://enjoy.ai and all related features and functionalities (collectively, the 'Services'). Other definitions are:

• User Content: Any content uploaded, created, or shared by users, including photos, generated chatbots, and prompted interactions.
• Services: All features and functionalities provided by Enjoy, including both ai.enjoy.world and ai.CAPChat.

By choosing to use Enjoy, you are agreeing to the following terms and conditions:

Who Can Use the Services

Enjoy is intended for adults. You must be at least 18 years old to hold an account with full functionality. Users who are at least 13 (or the higher minimum age of digital consent required by the laws of their jurisdiction) but under 18 ("Minors") may use the Services only with limited functionality, and some features may be unlocked only after a parent or legal guardian provides consent through the process described in our Privacy Policy. The Services are not directed to, and may not be used by, children under 13, and we do not knowingly permit children under 13 to use the Services.

The Services include mature, romantic, and intimate characters, content, and features intended only for adults who are 18 or older. Age is self-reported, and we do not independently verify it. We make no representation or warranty that the Services filter, screen, or restrict content based on a user's age, or that the Services are free of mature or inappropriate content for any user. If you are under 18, you must not access or use any mature, romantic, intimate, or adult-oriented characters, content, or features, and your parent or legal guardian is responsible for supervising your use and for any activity that occurs under your account. We may restrict, suspend, or terminate any account at any time, including where we believe it is used in violation of these Terms.

By using Enjoy, you confirm that you are at least 18 and able to form a binding contract with us or, if you are a Minor, that your parent or legal guardian has read, agreed to, and is bound by these Terms on your behalf and supervises your use. If you do not meet these requirements, do not access or use Enjoy.

Your Rights to Use the Services

We encourage a respectful and positive experience for all Enjoy users. This means not engaging in behavior that is abusive, harassing, threatening, impersonating, or intimidating towards others. Remember, you're accountable for any activity that occurs under your account. We prohibit content that is illegal, infringing, defamatory, obscene, or harmful.

Rights You Grant Us

While not obligatory, we reserve the right to review, screen, and delete your user content if it potentially violates these Terms. The content you create and share through Enjoy is your responsibility, including its backup.

Refund Policy for Digital Content: All sales of virtual currency and digital items are final. Given the nature of digital content, which is delivered and accessible immediately upon purchase, you expressly consent to immediate delivery and, to the extent permitted by law, waive any statutory refund or "cooling-off" period once the transaction is complete and the assets are delivered to your account. Nothing in this section limits any refund or withdrawal right you cannot waive under applicable consumer-protection law, and purchases made through the Apple App Store or Google Play remain subject to those stores' own refund policies, which govern purchases made through them and which you may need to pursue directly with the applicable store.

Virtual Currency and Items. Virtual currency and virtual items are licensed, not sold, to you for personal, non-commercial use within the Services. They have no monetary value, are not your property, cannot be redeemed for cash, and cannot be transferred, sold, or exchanged outside the Services, and they confer no ownership interest. To the extent permitted by law, we may manage, regulate, modify, revalue, or eliminate virtual currency or items at any time, and any unused virtual currency or items are forfeited, without refund or liability, upon termination or suspension of your account or discontinuation of the Services, except where prohibited by applicable law.

Enjoy may offer optional, opt-in advertisements — for example, rewarded ads that you can choose to watch in exchange for in-game currency. You are never required to view an ad to use the Services. By accessing or using the Services, you agree that Enjoy, along with its affiliates and third-party partners, may make such advertising available within the Services.

We always appreciate your feedback and suggestions about Enjoy. By sharing your ideas, you acknowledge that they are not confidential and that we may use them without any obligation to compensate you.

Safety and Respecting the Rights of Others

We work to foster a safe and respectful environment on Enjoy. It's important that your user content does not:

• Infringe any third-party rights, including intellectual property or privacy rights.
• Be deceptive or illegal, promote illegal activities, or exploit, endanger, or harm minors.
• Include bullying, harassment, vulgarity, or offensive materials.

Zero tolerance for child sexual exploitation and abuse. Enjoy strictly and absolutely prohibits any content, character, prompt, message, or conduct that sexualizes, exploits, endangers, or depicts violence or abuse toward a minor — anyone under 18, who appears to be under 18, or who is presented, described, aged, or roleplayed as under 18 (regardless of any claim that the character is actually older). This prohibition applies to text, images, and audio alike, and applies regardless of whether the subject is a real person or is fictional, drawn, animated, or AI-generated. It includes any attempt to create, request, or direct a character to appear or behave as a minor in a sexual or abusive context. There are no exceptions and no fictional, artistic, or "roleplay" carve-outs. We remove such material, terminate the responsible accounts without prior notice, preserve related records, and report or refer violations to the appropriate authorities in accordance with applicable law.

In using Enjoy, you agree not to:

• Distribute harmful software or code.
• Illegally collect information about others.
• Impair or disrupt the servers or networks connected to the Services.
• Attempt unauthorized access to the Services.
• Interfere with another user's enjoyment of the Services.

Your commitment to these guidelines helps ensure a positive and enjoyable experience for all users of Enjoy.

About Generated and Third-Party Content

At Enjoy, we strive to create a safe and engaging environment, but note that, to the maximum extent permitted by applicable law, Enjoy is not responsible for content that users create, prompt, direct, or generate through the Services — including user-created characters, user-prompted interactions, and outputs produced by AI features at a user's direction. As we do not pre-screen generated content, remember that AI-generated content and conversations can be unpredictable and may sometimes deviate from expected norms, potentially leading to inaccuracies or content that could be seen as offensive. By using this content you acknowledge that any use of such content or material is at your own discretion and risk. Evaluating the accuracy or completeness of these interactions is solely your responsibility. We appreciate your understanding and are here to support a positive experience in every interaction on Enjoy. If you'd like to report any violations or inappropriate content, please send an email containing specifics to support@enjoy.ai

Intellectual Property Rights

• User Ownership: Users retain ownership of their photos and any content they create.
• License to Enjoy: Users grant Enjoy a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and display their content (a) to operate, provide, and improve the Services; and (b) solely with respect to user-created characters and other non-personal content — and expressly excluding your uploaded photographs, face, voice, or other likeness — to create, promote, and distribute entertainment content across platforms and media, including the right to sublicense these rights to Enjoy's third-party partners for those purposes. This license does not transfer ownership — users retain ownership of the content they create.
• Restrictions: Users agree not to infringe on third-party intellectual property rights when uploading content.

Copyright and Takedown Requests

Enjoy respects the intellectual property rights of others and expects users to do the same. If you believe content on the Services infringes your copyright, email us at support@enjoy.ai with: (1) your physical or electronic signature; (2) identification of the copyrighted work you claim is infringed; (3) identification of the material you believe is infringing and information reasonably sufficient for us to locate it; (4) your contact information; (5) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

We review properly submitted requests and remove infringing material where appropriate. If your content was removed and you believe that was a mistake, you may email the same address and ask us to review the decision. We may, in appropriate circumstances and at our discretion, suspend or terminate the accounts of users who repeatedly infringe.

Disclaimers and Limitation of Liability

No Warranty

Enjoy provides the Services on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, express or implied, regarding the functionality, availability, accuracy, reliability, or suitability of the Services for any particular purpose. To the fullest extent permitted by applicable law, Enjoy disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the maximum extent permitted by law, in no event shall Enjoy, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the Services;
• Any unauthorized access to or use of our servers and/or any personal information stored therein;
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party;
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services.

Aggregate Cap. To the maximum extent permitted by applicable law, the total aggregate liability of Enjoy and its affiliates, directors, employees, and agents arising out of or relating to these Terms or your use of the Services shall not exceed the greater of (a) the total amounts you paid to Enjoy in the six (6) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

Liabilities That Cannot Be Limited. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you; in those cases our liability is limited to the fullest extent permitted by law.

Accuracy of AI-Generated Content

While we strive to ensure that AI-generated chatbots provide accurate and helpful responses, we do not guarantee the accuracy, reliability, or completeness of any information provided by these AI-generated entities. Users acknowledge and agree that they use the Services at their own risk and that Enjoy shall not be held responsible for any inaccuracies or unintended responses generated by the AI. The Services, including AI characters and companions, are provided for personal entertainment only and do not provide professional advice of any kind. Outputs are not a substitute for professional judgment, and you should not rely on the Services for medical, mental-health, psychological, legal, financial, or other professional advice, diagnosis, or treatment. The Services are not a crisis or emergency service; if you are experiencing a medical or mental-health emergency or thoughts of self-harm, contact your local emergency services or a qualified professional immediately. To the fullest extent permitted by law, Enjoy disclaims all liability arising from your reliance on any output of the Services.

Indemnification

You agree to indemnify, defend, and hold harmless Enjoy, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or relating to your User Content, your access to or use of the Services, your violation of these Terms, or your violation of any law or of the intellectual property or other rights of any person or entity, except to the extent such claims arise from Enjoy's own gross negligence or willful misconduct.

Termination

Enjoy reserves the right to terminate or suspend access to the Services immediately, without prior notice or liability, for any reason, including breach of Terms. Effect of Termination: Upon termination, users' rights to use the Services will cease immediately.

Modifications to the Services. Enjoy may modify, suspend, or discontinue the Services, or any feature or portion of them, at any time and without liability, whether temporarily or permanently. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services or any feature, except to the extent prohibited by applicable law.

Amendment

Enjoy reserves the right to modify or replace these Terms at any time. We will provide notice of these changes by updating the date at the top of this page. Any changes apply prospectively only and do not apply to any dispute for which a party gave notice before the change took effect; in particular, no amendment to the Governing Law and Dispute Resolution, Binding Arbitration, or Class Action Waiver provisions will apply to a dispute of which Enjoy had actual notice before that amendment's effective date. Continued use of the Services after any changes constitutes acceptance of the new Terms.

Governing Law and Dispute Resolution

Governing Law

These Terms of Service are governed by the laws of the State of Delaware, without regard to its conflict-of-law provisions, except that the Federal Arbitration Act governs the interpretation and enforcement of the Dispute Resolution section. The parties intend that substantially all disputes be resolved through arbitration as set out below. Only for a dispute that is not subject to arbitration (for example, a small-claims matter or a request for injunctive relief) do the parties consent to the personal jurisdiction and venue of the state and federal courts located in Delaware. Nothing in this section requires a consumer to bring or defend a claim in Delaware, or deprives you of the protection of any mandatory consumer-protection or data-protection rights, where applicable law gives you a non-waivable right to proceed in, or to the protection of, the courts or laws of your country or state of residence.

Dispute Resolution

Informal Resolution. Before initiating any formal dispute resolution process, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, through informal negotiations between you and Enjoy.

Binding Arbitration. If a dispute cannot be resolved through informal negotiations within a reasonable period, the dispute shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (as modified by these Terms), which are incorporated by reference and available at www.adr.org. Because Enjoy is a consumer service, the AAA Consumer Arbitration Rules — not the Commercial Rules — govern this agreement. Judgment on the award may be entered in any court having jurisdiction. Nothing in this section prevents either party from bringing an individual claim in a small-claims court that has jurisdiction, in lieu of arbitration.

Arbitration Procedures.

• Initiation: To initiate arbitration, you or Enjoy must provide a written notice of arbitration to the other party, including a detailed description of the dispute and the relief sought.
• Selection of Arbitrator: The dispute will be decided by a single neutral arbitrator selected in accordance with the AAA Consumer Arbitration Rules. If the parties cannot agree on an arbitrator, the AAA will appoint one.
• Hearing: The arbitration will be conducted by telephone, videoconference, or on the basis of written submissions, unless the arbitrator determines that an in-person hearing is necessary. If an in-person hearing is held, it will take place in the U.S. county where you reside, or another location you and Enjoy agree to. You will not be required to travel to Delaware to participate in the arbitration.
• Fees and Costs: Payment of all filing, administrative, and arbitrator fees is governed by the AAA Consumer Arbitration Rules. For any claim where the total amount in dispute is US$1,000 or less, Enjoy will pay all AAA filing, administrative, and arbitrator fees, except that if the arbitrator finds your claim was frivolous or brought for an improper purpose, the allocation of fees will be governed by the AAA Rules. Each party is otherwise responsible for its own attorneys' fees, unless applicable law or the arbitrator's award provides otherwise.
• Your Right to Opt Out: You may opt out of this agreement to arbitrate (including the Class Action Waiver) within 30 days of first accepting these Terms by sending written notice to support@enjoy.ai from your account email, stating that you wish to opt out of arbitration and including your account ID. Opting out will not affect any other provision of these Terms, and Enjoy will not retaliate against you for opting out.

Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized use of its trademarks, copyrights, or other proprietary rights.

Class Action Waiver

You agree that any arbitration shall be conducted only on an individual basis and not as a class action or other representative action. You expressly waive your right to participate in a class action. This Class Action Waiver is a material and non-severable part of this arbitration agreement. If this Class Action Waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request) shall be severed from arbitration and resolved in a court of competent jurisdiction; it shall not be arbitrated on a class or representative basis.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions herein.

General Provisions

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Enjoy regarding the Services and supersede all prior agreements and understandings. Any applicable Apple App Store or Google Play terms are supplemental to, and do not replace, these Terms. You acknowledge that these Terms are between you and Enjoy only, and not with Apple, Inc. or Google LLC. Enjoy, not Apple or Google, is solely responsible for the Services and their content, for any maintenance and support, and, to the extent required by these Terms, for addressing any claims relating to the Services (including product-liability claims, claims that the Services fail to conform to applicable legal requirements or consumer-protection or privacy law, and any third-party claim that the Services infringe intellectual-property rights). You represent that you are not located in a country subject to a U.S. Government embargo or designated as terrorist-supporting, and that you are not listed on any U.S. Government restricted-party list. Apple and Google, and their subsidiaries, are third-party beneficiaries of these Terms and may enforce them against you.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Enjoy's prior written consent, and any attempted assignment in violation of this section is void. Enjoy may freely assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, bankruptcy, or sale of assets.

Survival. Provisions that by their nature should survive termination will survive, including the license grants, disclaimers, limitation of liability, indemnification, the dispute-resolution and arbitration provisions, and these general provisions.

Force Majeure. Enjoy is not liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental action, or failures or interruptions of the Internet, hosting providers, or third-party service providers on which the Services rely.

No Waiver. Enjoy's failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

Contact

Questions about these Terms? Reach us at support@enjoy.ai.